The only way the children would get caught is if one of them reports it and then found to be illegal. If she has to go on Medicaid there may be an issue if money has not been given to her for care. Medicaid has a five year look back so it the house was tranferred before that Medicaid will not consider it her asset any longer. You may be able to look up ownership of the property on the County Assessor's website where the house is located.
If someone has been in a nursing home for years and her children are renting it out to non relatives, isn't that rent money supposed to go to the nursing home, this is in MI. Is there a penalty to the children if they get caught keeping the rental money. I think the daughter put the house in her name a couple years ago.
If your mom's stay at the facility is being paid by Medicaid, the state can put a lien on the home. Here, if an adult child has moved in and cared for her for 2 years or if there has been a disabled child living there then they won't look at the house. A lot of states have 5 year look back. You can expect to receive a letter after your mom passes that gives you the amount of the 'lien' the state has imposed. They do have a formula to calculate out the amount but it could be different from state to state. Check with an elder law attorney, there may be a way to protect the home if this is where you live.
A few more details would help. Where are you? If in the states, if mom doesmnot have resources then she needs to apply for Medicaid who will put a lien on the house. Her resources are to pay for her care, including the house, while she is permitted to own a house, Medicaid sees the potential for rent from it to provide income that can be used to pay facility bills.
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